Can’t mourn indefinitely says Bombay HC after lawyer for employees says ‘not striking, but mourning’ – Times of India

MUMBAI: Bombay high court on Wednesday directed MSRTC to intimate over 300 striking employees it had named inits contempt petition about its pendency by pasting a notice at all 250 depots across the state.
To submissions of theircounsel Gunratan Sadavarte that employees were not on strike but “in mourning’’, the HC said “withall humility and respect we state that loss of human life is always painful. And mourning is natural. But there cannot be indefinite morning in societal or organizational life or life in general,…as the end result is non-plying of ST buses, which is the most convenient and reasonable mode of transport for a large number of people.
The HC bench of Justices P B Varale and S M Modak while hearing the petition by the Maharashtra State Road Transport Corporation (MSRTC) alleging breach of court orders by those going on strike, now almost on for two months, directed the corporation to also issue notices in two prominent Marathi language newspapers.
The HC further directed MSRTC to “permit those showing willingness to resume duty” and to “make arrangements to conduct medical examinations of those willing to resume. And on ascertaining their physical fitness they be allowed to attend.”
The HC directed theMSRTC to report compliance of these directions on January 5, 2022 by filing affidavit and adjourned the matter till then. Lead counsel for MSRTC S U Kamdar said only 25-30 percent of the staff had resumed and the corporation is hit financially first by the Covid pandemic and now by the strike while the burden of salaries still remains, while the State has accepted to pitch in with the additional money promised to them. Kamdar said their only demand yet to be sanctioned is of the merger with the state government.
“However, in Maharashtra, there are a number of state corporations and merger of one such corporation can result in serious repercussions on employees of other corporations… and there will be financial implications on the State.” MSRTC’s second counsel G S Hegde submitted an affidavit setting out the statistics including thenumber of suicidal deaths. Sadavarte counsel for the employees saidthe figure of suicides rose to 57 with one dying on Wednesday. He said MSRTC is “extending threats of departmental action” against staff is causing themstress and making them suicidal.
Sadavarte said, “these large number of employees are not on strike but are in mourning.’’ He said they are also “facing depression.’’
The bench in its order dictated in open court said, “so far as this statement there is no material before us in the form of medical certificates. It cannot be in dispute that tor assessment of mental health of any person either the counsel possesses requisite qualifications or the court does to assess that a person has suicidal tendency.’’
“Even in religious mourning cannot be for an indefinite period,” said the HC.
Sadavarte also said the employees were not against schools or students and are not shutting themselves out to a voice of reason, but said Christmas vacation was round the corner and schools will be shut.
The HC said “but there are also other commuters in need of transport. And non plying of buses is certainly causing great difficulty to such commuters, including Senior citizens, patients.”